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The next step in the yearslong marijuana rescheduling process could be a brief hearing where an administrative law judge informs witnesses why they aren't qualified to participate, observers told MJBizDaily.

The cannabis industry advocates and business leaders asked to participate in a Dec. 2 hearing addressing the rescheduling of marijuana were given the difficult challenge of explaining how they would be harmed by moving the plant from Schedule 1 to Schedule 3 of the Controlled Substances Act.

To do that, anyone in favor of rescheduling marijuana must reconcile two seemingly counterintuitive ideas if they want to engage in the process, according to interviews and a review of filings obtained by MJBizDaily:

• Schedule 1 is untenable.
• Moving marijuana to Schedule 3 without imposing other controls also "adversely" affects them.

It might seem like a delicate balancing act – if not outright contradictory.

But that's the fine line the 25 "designated participants" listed in an Oct. 31 letter from DEA Chief Administrative Law Judge John Mulrooney II must tread if they want a voice in the historic marijuana rescheduling process.

"We have to show standing – that we're a so-called 'aggrieved party' – and so we're taking the position that we support the proposed rule, but we have a narrow objection," said Aaron Smith, executive director of the National Cannabis Industry Association. Read story >

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More Headlines

• Struggling, small cannabis farmers file lawsuit against New York regulators. Read story >
• Green Lady Dispensary receives first water shipment of marijuana to Nantucket, Massachusetts. Read story >
• Canadian cannabis retailer High Tide completes CA$15 million debt draw. Read story >

Insights on growing & manufacturing cannabis

California cannabis farmers call 2024 'best harvest season,' hope prices follow

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California cannabis farmers growing their plants under the sun said the weather cooperated during the 2024 growing season.

A cold, wet spring followed by a hot, dry summer with fewer wildfires combined to improve yields - and, potentially, prices.

Sun-grown cannabis is celebrated for its rich terpene profiles and earthy, distinct aromas, which enthusiasts often describe as more natural or complex than indoor-grown strains.

"For Emerald Triangle farmers, this could be the best harvest season I've ever seen," said John Casali, who grew up growing cannabis on Huckleberry Hill Farms in Humboldt County.

Sol Spirit Farm co-founder Judi Nelson said the weather delayed spring planting, so she was still bringing in the last of the "Croptober" harvest in Trinity County.

Nelson said planting and harvesting late is a double-edged sword: The moisture from spring rains kept wildfires at bay, but a later harvest could put the crop at risk for mold as California enters its rainy season.

Regardless, she added, "It was a really nice summer for us." Read story >

Small cannabis farmers file lawsuit against New York regulators

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A trade group representing small cannabis farmers in New York are suing state regulators for establishing a commercial program and rollout they allege set them up for failure.

The complaint, filed by the Cannabis Farmers Alliance in Onondaga County Supreme Court, claims New York's Office of Cannabis Management and Cannabis Control Board created a marketplace without an adequate number of retailers to sell their products, among other shortfalls, the Albany Times Union reported.

The lawsuit alleges regulators ignored operator concerns leading up to the December 2022 launch of adult-use sales and limited business opportunities for small farmers, many of which are now on the brink of failure.

The plaintiffs are asking the Office of Cannabis Management (OCM) to consider the impact on small farmers when making decisions about licensure. Read story >

California seized more than 150K pounds of illegal marijuana in 2024, agencies say

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California law enforcement agencies continue to ramp up raids and seizures against illegal grows and operators.

Under the state's multiagency Eradication and Prevention of Illicit Cannabis (EPIC) program, 774,829 illegally cultivated marijuana plants were destroyed this year as well as 106,141 pounds of processed MJ, California Attorney General Rob Bonta recently announced.

Federal and state investigations also led to 282 arrests in 36 counties.

Combined, eradication efforts in California accounted for $544 million worth of unregulated cannabis, though government estimates are often exaggerated. Read story >

Maine issues third adult-use cannabis recall in 3 months

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Maine regulators, who hadn't recalled cannabis products since the state's adult-use program launched in 2020, have issued a third recall in three months.

This recall by the state's Office of Cannabis Policy (OCP) involved The Soap flower strain.

The contaminated product was sold between Oct. 11 and Oct. 24 in stores in Bethel, Biddeford and Sanford.

The recalled product was grown by Leb City Greeneries, according to the OCP. Read story >

More Headlines

• New Jersey will enforce portions of new hemp-derived THC ban, agency says. Read story >
• Cannabis firms Eaze, Green Dragon find new life after $10 million capital infusion. Read story >
• South Dakota's first non-tribal medical marijuana dispensary to close. Read story >
• United Kingdom should raise THC allowed in hemp, panel recommends. Read story >
• Marijuana brand Unrivaled declares bankruptcy in bizarre investor feud. Read story >
• Cannabis business leaders cite military lessons as building blocks for success. Read story >

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A G E N D A

MJBizCon Conference Agenda Now LIVE!

It's time to celebrate the launch of the most comprehensive MJBizCon to date — we're talking 200+ speakers and four full days of sessions.

This year we're doubling down on our Cultivation track. Below are a few session highlights (check back each week for more):

CULTIVATION

Thursday, Dec. 5 • 2:50 - 3:30 p.m.

Elmar Mair

Founder & CEO, Neatleaf

Mair has drawn on his 15+ years of experience in AI and robotics to help reshape the agricultural industry by developing technology that helps growers better manage and optimize their crops, leading to better sustainability and profitability. Neatleaf's flagship product, Spyder, is an autonomous robot that remotely monitors growing conditions within a cultivation facility and turns data into actionable tasks and remedies.

Allison Justice

CEO, Cannabis Research Coalition

Dr. Allison Justice, an alumnus of Clemson University garnered a Ph.D. in Plant and Environmental Science, and now a pioneering figure in the dynamic field of cannabis cultivation and research. With a groundbreaking tenure as VP of Cultivation for a leading vertically integrated cannabis producer based in San Diego, CA, she navigated uncharted territories and led the industry with profound photobiology research. Dr. Justice shattered misconceptions around sole-source LEDs, demonstrating their superiority over traditional technologies in cannabis cultivation.

Dave Auger

Dave Auger has been a medical grower in Canada long before recreational legalization in Canada. Dave has enjoyed successful endeavours in multiple areas of the cannabis supply chain and has travelled all over the world working with clients and stakeholders to build value, source genetics, and deliver quality products. As a grower and buyer Dave has touched thousands of kilograms of cannabis flowers and understands the importance and benefits of high-quality products.

Matthew Indest

Dr. Matthew Indest is Director of Genetics and Cultivation with Curaleaf's National Cultivation and Engineering Services team. The team supports Curaleaf's network of cultivators through a combination of in-person site visits, data analytics, and remote sensing technologies to diagnose plant health and provide recommendations for best practices. They design, coordinate, and analyze research projects, evaluate technologies, and train on SOPs with the goal of improving yield, quality, and consistency of cannabis. 

CULTIVATION

Thursday, Dec. 5 • 10:50 - 11:30 a.m.

Dr. David Hawley steers the company's global Crop Science program, encompassing photobiological research, horticultural services, and data analytics on vine crops, leafy greens, berries, ornamentals, and cannabis. Fluence's scientists have identified specific and diverse lighting strategies that consider crop yield, morphology, quality, and economics that maximize commercial growers' objectives, whatever their crops and production objectives may be.

R E S O U R C E S

• MJBizMagazine Nov/Dec issue: Breaking Through to Profitability
• SAVE! Fuel Your Fire at MJBizCon, Dec. 3-6 – Get tickets by 11/14
• Gain new leads + land big deals at MJBizCon – Book a booth
• Make informed decisions with MJBiz Factbook – Get data
• MJBiz Free Cannabis 101 Course – Sign up and start learning
• MJBizDaily Reports and Buyers Guides – Download
• MJBiz Media Kit – Advertise with us

MJBizDaily is the leading resource for the cannabis industry, cited by The Wall Street Journal, Forbes and Harvard Business Review. MJBiz also produces the No. 1 cannabis business conference, MJBizCon.

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MJBizCon 2024

Dec. 3-6, 2024  l  Las Vegas  |  Register Now